Pearson, et al. v. The Commercial Bank of Ozark, et al. (MAG+)

Filing 30

JUDGMENT, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) plfs' 26 Objections to Report and Recommendation are overruled; (2) the 25 Report and Recommendation of the Magistrate Judge is adopted; (3) this lawsuit is dismissed, with plfs' federal claims dismissed without prejudice pursuant to 28 USC 1915(e)(2)(B)(ii) and their state-law claims dismissed without prejudice pursuant to 28 U.S.C. 1367(c); (4) plfs' 4 Motion for Leave to Proceed in forma pauperis is denied; (5) plfs' 9 Motion for Leave to Proceed in forma pauperis is granted; (6) plfs' 11 and 12 Motions to supplement are granted ; (7) plfs' 13 and 14 Motions to Amend are denied as futile; (8) all other motions are denied as moot; further ORDERING that costs are taxed against plfs, for which execution may issue; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 8/31/15. (Attachments: # 1 civil appeals checklist)(djy, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION LORENZO PEARSON and CLARISSA PEARSON, ) ) ) ) ) ) ) ) ) ) ) ) Plaintiffs, v. (THE) COMMERCIAL BANK OF OZARK aka Commercial Bank of Ozark, etc., et al., Defendants. CIVIL ACTION NO. 1:14cv1250-MHT (WO) JUDGMENT In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiffs' objections (doc. no. 26) are overruled. (2) The United States Magistrate Judge's recommendation (doc. no. 25) is adopted. (3) This lawsuit is dismissed, with plaintiffs’ federal claims dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and their state-law claims dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). (4) Plaintiffs’ motion for leave to proceed in forma pauperis (doc. no. 4) is denied. (5) Plaintiffs’ motion for leave to proceed in forma pauperis (doc. no. 9) is granted. (6) Plaintiffs’ motions to supplement (doc. nos. 11 & 12) are granted. (7) Plaintiffs’ motions to amend (doc. nos. 13 & 14) are denied as futile. (8) All other motions are denied as moot. It is further ORDERED that costs are taxed against plaintiffs, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. DONE, this the 31st day of August, 2015. /s/ Myron H. Thompson____ UNITED STATES DISTRICT JUDGE

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